Drug companies have a responsibility to warn against dangerous side effects and common drug interactions. In a lawsuit arising from an injury to a child from a dangerous side effect or allergy to a prescription drug, the drug companies duty may arise from the filling of an order or prescription, the mislabeling of a drug, or the failure to explain the dangerous qualities of a drug. As a general rule, a drug company has the duty to warn consumers of a drug's dangerous side effects. However, this duty is directed to the physician prescribing the medication. The rationale for this rule is that the prescribing physician, acting as a learned intermediary between the manufacturer and the consumer, weighs the potential benefits against the dangers in deciding whether to recommend the drug to meet a child patient's needs. Therefore, while a manufacturer of a prescription drug does have a duty to warn, the manufacturer's duty is fulfilled when it gives an adequate warning to those members of the medical community that are lawfully authorized to prescribe, dispense, and administer prescription drugs.
If your child is injured due to a dangerous interaction or side effect of a prescription medication you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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